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HomeMy WebLinkAboutPC Reso 88-066 PA 88-098 Dublin School District modifying condition #27 of PC Reso 87-059 RESOLUTION NO. 88 - 066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 88-098 DUBLIN SCHOOL DISTRICT CONDITIONAL USE PERMIT MODIFYING CONDITION #27 OF PLANNING COMMISSION RESOLUTION NO. 87-059 WHEREAS, Halim Aksoy of Akol & Yoshii Architects representing the property owner, Dublin School District, request approval of a Conditional Use Permit to modify a previous Condition of Approval requiring installation of a 6 foot minimum height concrete or prefabricated concrete wall along the property line abutting existing or planned residential uses; and WHEREAS, on August 17, 1987, the Planning Commission adopted Resolution No. 87-059 establishing Condition #27 requiring installation of a 6 foot minimum tall concrete or prefabricated concrete wall "along that portion of the project's boundary which directly abut existing or planned residential uses or which abuts the planned future neighborhood park site"; and WHEREAS, the intent of Condition #27 was to establish uniform fencing along that portion of the project property which abuts residential uses in order to provide a separation between residential and non-residential uses; and WHEREAS, the Planning Commission held a public hearing on said application on November 7, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be Categorically Exempt, Class 3e, Section 15303; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby finds: a. The proposed modification in the fence is required by the public need as it provides a separation between residential and non-residential uses. b. The use will be properly related to other land uses transportation and service facilities in the vicinity as the proposed fencing will visually screen the site from adjoining residences. c. The uses will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. d. The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed uses will be compatible with adjoining existing and planned single-family residential uses and the proposed neighborhood park use. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve PA 88-098 Dublin School District Conditional Use Permit as shown on materials labeled Exhibit A on file with the Dublin Planning Department subject to the following conditions: -1- Unless otherwise stated, all Conditions of Approval shall be complied with prior to issuance of building or grading permits and shall be subject to Planning Department review and approval. 1. Except as specifically modified by the conditions listed below, development of the site shall conform to the Conditions of Approval outlined in Planning Commission Resolution No. 87-059 for PA 87-103. 2. Condition #27 of Resolution No. 87-059 of the Dublin Planning Commission is amended to read as follows: 27.A. The Applicant shall install a 6 foot tall uniform wood fence along that portion of the project's boundary which directly abuts existing or planned residential uses subject to review and approval of the Planning Director. Said fence shall be installed as a one time offer at the residential property owners option. Prior to installation of the fence the Applicant shall provide written notification to the abutting property owners of the proposed fence. The Applicant shall submit to the Planning Director a signed statement from the effected property owners acknowledging receipt, review and understanding of the new fence proposal and indicating whether they choose to have the fence installed. The timing of the installation of the wood fence shall be generally consistent with the timing of installation of perimeter landscaping called for in Condition #58 for Tentative Map 5616 (Planning Commission Resolution No. 86-053). 27.B. The Applicant shall construct a masonry concrete or prefabricated concrete retaining wall as generally depicted in plans dated received September 26, 1988 prepared by Akol and Yoshii Architects & Engineers labeled Exhibit A. Said wall shall be subject to review and approval of the Building Official. Where located at the property line and adjoining an area with a higher grade, the wall shall be designed to retain a minimum of two feet of back-fill material. The necessary back- fill material to level the grade behind the wall shall be supplied by the Subdivider at the request of the respective impacted adjoining residential property owners." 3. The Applicant shall fully enclose the compressor unit located in the rear of the bus mechanic shop to visually and acoustically screen the unit to the satisfaction of the Dublin Planning Director and City Building Official. 4. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 21st day of November, 1988. AYES: Commissioners Barnes, Burnham, Mack and Zika NOES: None ABSENT: None anning Commi irperson ATTEST:Q-cn I Planning Direct -2-